The Boundary Theory Of Freedom Of Expression On The Internet

Freedom of expression on the Internet is a new form of expression that extends from the traditional right of freedom of expression in the rapidly developing cyberspace.The network changes the form and carrier of freedom of expression,and then changes the structure of freedom of expression.The network provides a greater possibility for the realization of freedom of expression,but also creates new problems of expression.In order to realize the freedom of network expression to the greatest extent,it is necessary to establish the boundary of the freedom of network expression.The main contents of this paper include:The introduction to the article.This part mainly includes:(1)the background and significance of the topic;(2)literature review at home and abroad.The body of the article.It mainly contains the following four parts:In the first part of the text,firstly,expounds the connotation and value of the freedom of network expression.The freedom of network expression includes the right of network expression and the right to obtain network information.It has multiple values,such as promoting citizens to fully express their will,participating in social and economic affairs,and supervising the power of the government.Secondly,compared with traditional expression media,network expression has its own uniqueness,such as decentralization and anonymity.The realization degree of citizens' freedom of expression on the Internet is essentially determined by laws and state power,but the improvement of the comprehensive quality of the subject of expression and the progress of the technical level will also directly promote the realization of the freedom of expression on the Internet.Finally,only by gradually promoting the special legislation of Internet freedom of expression,establishing the boundary of Internet freedom of expression,standardizing Internet expression behavior,and restricting the administrative power of the government,can the Internet freedom of expression be realized to the maximum extent under the current scientific and technological level.In the second part of the text,the author considers the definition of Internet freedom of expression from four dimensions of current laws,administrative regulations,citizens' personal rights and social morality,including:(2)freedom of network expression in administrative regulations;(3)the boundary between citizens'personal rights and freedom of expression on the Internet;(4)constraints of social morality on freedom of expression on the Internet.In the third part of the text,the problem of blurring the boundary of freedom of network expression and its causes are expounded.The fuzzy boundary of the freedom of network expression is mainly manifested in four aspects:the freedom of network expression is abused by the subject of the expression,the general provisions of the law cannot be applied accurately,the power of the administrative subject is out of control,and the management authority of the network service provider is expanded.The causes mainly lie in the tendency and lag of legal provisions,the lack of supervision and restriction on the subject of power,and the problems of expressing the subject's comprehensive quality and emotional standpoint.The fourth part discusses how to establish the boundary of freedom of expression on the Internet in China.Through to the Supreme Court of the United States and the European court of human rights on the network case judgment of carding and analysis,combined with the United States in which non-governmental organizations play a role,to understand foreign to establish the network attempts and efforts to the boundaries of freedom of expression,according to the specific problems that exist in the network expression,thinking to establish network the boundaries of freedom of expression should follow the basic principles and specific path.Conclusion of the article.To establish the boundary of freedom of network expression,we should adopt multiple approaches and means,including special legislative regulation,prudent regulation of the government,self-discipline of the network industry,and moral restraint of the subject of expression,so as to restrain improper network expression behaviors on the premise of effectively guaranteeing citizens' freedom of network expression.The research significance of this paper is to enrich the relevant theories of the boundary of the freedom of network expression and provide a reference for the establishment of the boundary of the freedom of network expression.Including from the legal,administrative power,human rights,social morality four dimensions to investigate network the boundaries of freedom of expression,puts forward the concrete performance and the forming reason,by the Supreme Court of the United States and the European court of human rights related case contrast,American nongovernmental organizations(NGOS)specific measures,it is concluded that the relevant inspiration of our country,finally,combined with the actual problem in our country,it is concluded that the boundaries of establishment of the network freedom of expression in China should follow the basic principles and concrete path.This paper uses case study,literature study,comparative study and so on.By collecting and analyzing the specific cases of citizens' online expression behavior,and combining with the research results of domestic and foreign scholars on the boundary of online expression freedom in recent years,the paper makes clear the expression and causes of the fuzzy boundary of online expression freedom.Through the comparative analysis of the precedents of the Supreme Court of the United States and the European court of human rights,and by referring to the relevant experience,the author thinks about the basic principles and specific paths that should be followed to establish the boundary of the freedom of online expression in China.